Can the divorce house be transferred without paying off the loan in Ningbo?

The house is still under mortgage, and the divorce agreement is written by me, but the loan has not been paid off and the certificate has not come down. How on earth will the house be transferred? The mortgage house transfer card is closed in two ways: "loan" and "property certificate.

The particularity of the division of 1. mortgage houses

mortgage housing also involves housing property rights and bank loans, divorce division not only to divide the "house", but also to deal with "debt". If you only write "who belongs to" and do not arrange loans, the implementation of the agreement will definitely be stuck. Mortgage purchase is very common in Ningbo, involving pre-marital down payment, joint repayment of the house after marriage, but also need to calculate the joint repayment part and its value-added compensation-according to the Ningbo Intermediate Court "to the case" "divorced," how to calculate the "account"? ", Beilun court judge caliber: value-added index x (joint repayment ÷ 2).

Housing and loan should be discussed together.

Who takes the house, who pays the monthly mortgage, how to bear the remaining loan, and who pays the future transfer fee must be written down together, otherwise the subsequent party will cut off the mortgage or refuse to cooperate, and the other party's rights and interests will be lost.

The 2. has not obtained the production certificate to use in advance.

If the house is not yet licensed or the certificate has not been completed, the divorce can first agree to be used by one party, the proceeds to it, the loan to be repaid by it, to have the transfer conditions and then for the change of registration, to avoid "now can not do" put on hold.

1. Use and ultimate attribution interface

the use of the agreement and the final ownership, compensation amount of convergence, to prevent one party long-term occupation but ultimately do not cooperate with the transfer, or the occupier into the decoration after the ownership is lost.

2. There are four transitional provisions to be written.

During the transition period, it is agreed to write down at least four items: who will live and use the house, who will bear the monthly payment and relevant taxes, how many days after obtaining the property certificate to handle the transfer of ownership, and the liability for breach of contract if it fails to cooperate within the time limit. It is suggested to add a prohibition clause to make it clear that neither party may sell, mortgage or lease separately until the transfer is completed, so as to prevent the ownership status of the house from being changed during the transition period.

3. loans are difficult to transfer directly.

The house has a bank mortgage, without the consent of the mortgagee (bank), usually can not directly handle the transfer. This is the biggest obstacle to the transfer of mortgage housing, the need to first cancel the loan or obtain the bank's consent.

Early settlement is the cleanest.

After the conditional party has settled the loan and released the mortgage in advance, the transfer is the most thorough, which can avoid the uncertainty of subsequent bank cooperation.

4. early settlement or re-lending

there are three practical paths: one is to get the house to raise funds in advance to settle and defer the transfer of ownership; The second is to handle the transfer of loans (change of borrower) with the approval of the bank; The third is to handle it after the conditions are met. Which one to choose depends on the bank's policies and the funds of both parties.

Do three self-checks before applying for loan transfer.

One check whether the credit investigation has nearly two years of overdue records, two check whether the income certificate can cover more than twice the monthly payment, three check whether the loan is in a changeable product type, some provident fund portfolio loans and specific preferential interest rate loans do not support the borrower to change. All three items pass the customs and then submit the application to the bank, which can avoid repeated returns and delays in the transfer window.

Cost comparison of three landing schemes in 5.

The first option is to transfer the ownership after early settlement, which is the cleanest and most thorough, but it needs to raise the remaining principal at one time, and the capital pressure is the greatest, and some loan contracts stipulate that a certain percentage of liquidated damages should be paid for early repayment, which should be confirmed to the bank before signing the contract.

The second option is to apply for the borrower to change, that is, to transfer the loan, the other party from the co-borrower, without a one-time repayment, but need to re-examine the housing party's repayment ability and credit, the bank agreed or not there is uncertainty. Option 3 is to maintain the status quo, agreed to transfer in the future, the lowest start-up cost, but the greatest risk, must specify the processing time limit, cooperation obligations and liability for breach of contract, otherwise easy to long-term suspension.

6. case proof

in practice, the mortgage house was awarded to one party at the time of divorce. The party settled the remaining loan of about 800000 yuan in advance within 60 days after the judgment came into effect and handled the cancellation of mortgage. The other party cooperated with the judgment to sign the transfer materials. The house successfully completed the registration change, and the whole process took about 3 months.

In practice, the house has not yet obtained the real estate certificate. Both parties have agreed in advance that one party will live and use it and repay the monthly payment alone. The transfer will be handled within 90 days after the property certificate is obtained. The other party will cooperate unconditionally. At the same time, they have agreed to pay liquidated damages on a daily basis for overdue cooperation. The scheme avoids the deadlock of unable to transfer the ownership at present and leaves a basis for future implementation.

7. Risk Alert

• only write who does not arrange loans.
• Forced transfer of ownership without obtaining a certificate of ownership.
• Change of Borrower Without Bank's Consent.
• The break led to the house being auctioned off.
• Use is disconnected from ultimate attribution.

8. FAQ

can I transfer the mortgage before it is paid?

Generally not, you need to settle the loan to release the mortgage or obtain the bank's consent to change the borrower.

How to deal with no production certificate?

You can first agree that one party will use and repay the loan, and then transfer the ownership when the conditions are met. The mortgage will be arranged together.

Which way is the most stable?

It is the cleanest for the owner to settle the transfer in advance and avoid the uncertainty of bank cooperation.

Who will pay back the loan?

The agreement should specify who will repay the monthly payment, who will bear the remaining loan, and who will pay the transfer fees. The four should be written clearly.

If the loan is not paid off, can the house be transferred directly to me?

generally cannot. When the house is in a mortgage state, the transfer registration cannot be processed, and the loan must be settled first to cancel the mortgage, or the borrower must be changed with the bank's consent. Both paths require the cooperation of banks, and it is recommended to specify which one to use in the divorce agreement or litigation and agree on a time limit.

The agreement stipulates that the house belongs to me, but what if the other party drags on and does not cooperate?

Apply to the court for enforcement with the effective divorce agreement or judgment, and request the other party to assist in the transfer. If the agreement has agreed on late liquidated damages, it may be claimed together. This is also why it is suggested that the deadline and liability for breach of contract should be stated in the instrument, otherwise there is a lack of grip on implementation.

Practical Experience of 9. Lawyers

the house is still in the mortgage, the loan has not been paid off, divorce want to transfer directly, almost will be stuck, because the mortgage house at the same time involves "house" and "loan" two things: property rights to change, debt to deal. Only write clearly "who owns the house" but do not arrange loans, the implementation of the agreement is bound to go wrong. Therefore, the first step is to tie the house and the loan together-who will take the house, who will continue to repay the monthly mortgage, how to share the remaining loan, and who will pay the taxes and fees for the future transfer of ownership. These items will be clarified once and written into the agreement. Otherwise, if one party breaks the mortgage or refuses to cooperate in the future, the rights and interests of the other party will be lost.

How to land, there are usually several ways to choose, each with a cost. The transfer after the loan is settled in advance is the cleanest, but a large amount of cash must be taken out at one time. The way of transferring loans or changing the repayment person requires the bank's consent and meets its credit requirements, and the procedures are relatively complicated. If the house does not have a property certificate or cannot be transferred for the time being, it can first agree that one party will use the proceeds and repay the loan, and then register the change when the transfer conditions are met, avoid putting the whole thing on hold if you can't do it now. Which path to choose should be weighed in the light of the capital situation, bank policies and timing of both parties, and don't just look at temporary convenience.

If the real estate involves the down payment before marriage and the joint repayment after marriage, the joint repayment part and the corresponding value-added compensation should be calculated separately. The money is often not small and is prone to differences. If the calculation caliber and basis are put out in advance, the negotiation will be much smoother. In the terms of the agreement, it is suggested to specify who will pay the monthly payment, how to deal with the overdue payment, how to notify the other party of the prepayment, the transfer period and the liability for breach of contract, and "tie" the other party with clear obligations ". If the other party breaks the confession or refuses to cooperate, it can apply for execution with the effective document, but the process and cost are not small, so if the road can be paved and the risks blocked in the agreement, it should not be left to fight afterwards.